- General provisions
- The online store Fluo Dog operating at https://fluo.dog, hereinafter referred to as the Store, is a brand belonging to the company Majsterkowo Łukasz Więcek, based at Leona Wyczółkowskiego 79, 65-140 Zielona Góra, Poland, registered in CEIDG, NIP: PL9291760015, REGON: 081164974, hereinafter referred to as the Seller.
- The store's email address: [email protected], the company's email address: [email protected], phone: +48 733 037 668.
- This Regulations is directed to consumers and entrepreneurs using the Store (unless a specific provision states otherwise and is directed exclusively to consumers or exclusively to entrepreneurs).
- The administrator of personal data processed in the Store is the Seller. Data is processed for the purposes and on the principles specified in the Privacy Policy available on the Store's website. The Privacy Policy explains, among other things, the purposes and grounds for processing personal data and the rights of the data subjects, as well as information about cookies.
- Using the Store (including concluding sales contracts) is voluntary. Providing personal data by the Customer is voluntary, but may be necessary to place an order. Data required to fulfill the order is indicated each time before concluding the sales contract.
- Definitions:
- Consumer – a natural person making a purchase in the Store not directly related to their business or professional activity.
- Entrepreneur on consumer rights – a natural person conducting business activity who concludes a contract directly related to that activity, but the contract does not have a professional character (they are entitled to consumer protection).
- Customer – any entity making purchases in the Store (consumer or entrepreneur).
- Store – the online store Fluo Dog available at https://fluo.dog.
- Seller (Service Provider) – Łukasz Więcek, entrepreneur running the Store as described in point 1.1 of these regulations.
- Fluo Dog brand - a brand belonging to the Seller.
- Product – a movable item (goods) or service available in the Store.
- Sales contract – a contract concluded at a distance between the Customer and the Seller on the terms specified in the Regulations.
- Electronic services in the Store
- The Store offers the following free electronic services: Customer Account, order form, Newsletter.
- Account – creating an account requires filling out a registration form (including first name, last name/company name, address, email, phone, password) and confirming registration. The user has access to their data and order history in the account panel. The account is maintained indefinitely, and the Customer can delete it at any time.
- Order form – a one-time service allowing the placement of an order. The order is placed after adding Products to the cart, providing data needed to fulfill the order, and confirming the purchase (button “I order and pay”). Until confirmation, the Customer has the option to modify the entered data and the contents of the cart.
- Newsletter – a subscription service for an email newsletter with news and promotions from the Store. Using it requires providing an email address and confirming the subscription. The Customer can unsubscribe from the Newsletter at any time via the link in the footer of each message or by contacting the Seller.
- Technical requirements for using the Store: a device with internet access, a current web browser supporting HTML5/JavaScript, an active email account, and cookies enabled.
- The Customer is obliged to use the Store in accordance with the law and good customs, in a manner that does not infringe the rights of third parties and intellectual property rights. The Customer entering data into the Store declares that they are true. It is prohibited to provide unlawful content.
- Conditions for concluding a sales contract
- Information about Products on the Store's pages (photos, descriptions, prices) constitutes an invitation to conclude a contract within the meaning of art. 71 of the Civil Code, and not an offer. Placing an order by the Customer is an offer to purchase specific Products at the stated price.
- The sales contract is concluded at the moment the Customer receives an email confirming the acceptance of the order for fulfillment. The confirmation includes essential elements of the order and constitutes confirmation of the conclusion of a distance contract.
- Recording, securing, and making available the content of the concluded contract occurs through: (a) making this Regulations available on the Store's website, (b) sending the Customer an email mentioned above, and (c) attaching a printout of the confirmation to the shipment.
- Payment methods and deadlines
- Available payment methods for orders in the Store:
- Bank transfer – prepayment by traditional transfer to the Seller's account (data for the transfer is provided to the Customer when placing the order).
- Electronic payments / card – via payment systems: iMoje (ING Bank Śląski) and Stripe. Details of available methods (e-transfers, cards, BLIK, etc.) are described on the Secure payments page.
- iMoje – operated by ING Bank Śląski S.A. (ul. Sokolska 34, 40-086 Katowice), KRS: 0000005459, NIP: 6340135475.
- Stripe – operated by Stripe Payments Europe, Ltd. (The One Building, 1 Grand Canal Street Lower, Dublin, Ireland), reg. no. 513174.
- Payment deadline: The Customer must make the payment no later than within 7 days from placing the order. Otherwise, the order may be canceled. Shipping or delivery of the Product occurs only after payment is recorded (unless otherwise agreed).
- Available payment methods for orders in the Store:
- Delivery and collection of the Product
- The Seller carries out deliveries within Poland and selected foreign countries (EU countries and selected countries outside the EU).
- Delivery costs are provided during the order placement process and available in the Shipping orders section. Personal collection at the Seller's premises is free of charge.
- The Seller offers the following forms of delivery:
- InPost Parcel Lockers – collection at a parcel locker (Poland only),
- DPD Pickup - collection at a machine (Poland only),
- ORLEN Paczka - collection at a machine (Poland only),
- InPost Courier – delivery by InPost courier (Poland),
- DPD Courier – delivery by DPD courier (Poland and selected foreign countries),
- Priority registered letter – registered postal shipment (only selected foreign countries),
- Personal collection – at the Seller's premises (Zielona Góra) after arranging a date.
- Delivery time: Up to 14 business days (usually faster). The exact time depends on the chosen form of delivery and is counted from:
- the payment being credited to the Seller's account (in the case of prepayment),
- the conclusion of the contract (in the case of personal collection or payment on delivery – if available).
- Delivery cost: Within Poland, it ranges from 5 PLN to 18 PLN depending on the weight and form of shipment. For orders over 40 PLN, delivery by DPD Pickup and ORLEN Paczka is free.
- Complaint (warranty for defects)
- The Seller is obliged to deliver to the Customer a product free from defects. In case of defects, the Seller is liable under the warranty (art. 556–576 of the Civil Code). Consumer liability for non-compliance of the goods with the contract lasts for 2 years from the delivery of the goods.
- Complaints regarding defects (warranty) can be submitted:
- in writing to the Seller's address: Fluo Dog – Łukasz Więcek, Leona Wyczółkowskiego 79, 65-140 Zielona Góra,
- by email to: [email protected].
- The Seller will respond to the complaint within 14 days. Lack of response within this period means acceptance of the complaint.
- In case of acceptance of the complaint, the Seller covers all justified costs of returning the defective goods by the consumer and delivering the repaired or new goods to the consumer.
- Consumers may also benefit from the voluntary 24-month warranty provided by the Seller (if granted), which does not exclude or limit the rights arising from the warranty.
- Out-of-court dispute resolution
The consumer may use out-of-court methods of handling complaints and pursuing claims. For example, they may contact the permanent consumer arbitration court (operating at the Provincial Inspectorate IH) with a request for dispute resolution or the Provincial Inspector IH for mediation. They can also obtain assistance from the district/city consumer ombudsman or consumer organizations (Consumer Federation, SKP). The online dispute resolution platform ODR (ec.europa.eu/consumers/odr) allows for resolving disputes online.
- Withdrawal from the contract (returns)
- The consumer (and "entrepreneur on consumer rights") has the right to withdraw from a distance contract within 30 days without giving any reason.
- The 30-day period is counted from the moment the consumer or a designated third party (other than the carrier) takes possession of the product. For products delivered in batches or parts – from the delivery of the last batch/part. For subscriptions – from the delivery of the first copy.
- Withdrawal occurs by submitting a statement to the Seller (e.g., in writing or by email). A sample withdrawal form (optional) is an attachment to the Consumer Rights Act.
- The Seller will confirm receipt of the withdrawal statement by sending an email to the consumer.
- Effects of withdrawal:
- the contract is considered not concluded,
- the Seller will refund all payments received from the consumer, including the costs of delivering the product to the consumer (except for additional costs of the chosen more expensive delivery) – without delay, no later than 14 days from receiving the consumer's statement of withdrawal,
- the refund will be made using the same payment method that the consumer used, unless the consumer agreed to another solution without costs,
- the Seller may withhold the refund until the returned product is received or proof of return is provided – depending on which occurs first,
- The consumer is obliged to return the product no later than 14 days from the day of withdrawal (it is sufficient to send it before the 14-day deadline) – at the Seller's expense,
- The consumer should agree with the Seller on the form of return shipment of the Product,
- The consumer is responsible for any decrease in the value of the product resulting from using it in a manner other than necessary to ascertain its nature, characteristics, and functioning.
- The right of withdrawal does not apply, among others, to contracts:
- for the provision of services fully performed with the consumer's consent before the withdrawal period expires,
- where the price depends on fluctuations in the financial market beyond the Seller's control,
- concerning non-prefabricated products made to the consumer's specifications or serving their individualized needs,
- concerning products that spoil quickly or have a short shelf life,
- delivered in sealed packaging, the opening of which prevents return for health or hygiene reasons, if the packaging has been opened,
- that after delivery are inseparably connected with other items,
- concerning alcoholic beverages, the price of which was agreed upon when the contract was concluded and whose delivery is possible after 30 days, and the value depends on market fluctuations,
- recorded audio, visual, or computer programs in sealed packaging after its opening,
- delivering newspapers, periodicals, or magazines (except for subscriptions),
- delivering digital content not recorded on a tangible medium, if the performance has begun with the consumer's consent before the withdrawal period expires.
- In case of refund for a transaction paid by credit card, the Seller will refund to the bank account assigned to that card.
- Provisions concerning entrepreneurs
- This chapter applies only to Customers who are not consumers.
- The Seller may withdraw from the contract with a Customer who is not a consumer within 14 days of concluding the contract – without giving reasons, which does not give rise to claims on the part of the Customer.
- The Seller may limit the available payment methods for a non-consumer Customer, including requiring full or partial prepayment, regardless of the chosen payment method.
- At the moment of handing over the product to the carrier, the benefits and burdens and the risk of accidental loss or damage pass to the non-consumer Customer. The Seller is not responsible for loss/damage in transport to the non-consumer Customer or delays in delivery.
- The non-consumer Customer should inspect the shipment upon receipt. Any damages or shortages should be reported to the carrier and a damage report should be drawn up.
- The Seller's liability towards the non-consumer Customer under the warranty is excluded (art. 558 §1 of the Civil Code).
- The Seller may terminate the contract for electronic services (e.g., account, newsletter) with a non-consumer Customer with immediate effect and without stating reasons, by sending a relevant statement.
- The Seller's liability towards the non-consumer Customer is limited to the amount of the paid price and delivery costs for the given order, and the Seller is not responsible for lost profits of such Customer.
- Any disputes involving a Customer who is not a consumer will be resolved by the court competent for the Seller's registered office.
- Final provisions
- Contracts concluded through the Store are concluded in Polish and are subject to Polish law.
- The Seller reserves the right to change the Regulations for important reasons (e.g., changes in regulations, Store offers, payment and delivery methods). The Seller will inform about any changes in advance on the Store's website and/or by email to Customers with an Account. Changes do not affect the acquired rights of Customers.
- In matters not regulated by these Regulations, Polish law provisions apply, in particular: the Civil Code, the Consumer Rights Act of May 30, 2014, the Act on Providing Services by Electronic Means of July 18, 2002, and GDPR.
- This Regulations is available free of charge on the fluo.dog website (in the footer of the page) in a format allowing for its download, recording, and printing.
- The Regulations come into force on the day of publication and apply to contracts concluded from that day.